Attorney Brian L. Polinske's Legal Cases

DUI and DWI

DUI Suspension Rescinded Madison County

Jun 13, 2018

OUTCOME: Suspension Rescinded

Mr. Eckemann was charged with a DUI after his car wrecked. He was taken to the hospital (non-trauma center) who sent him directly to a trauma hospital. There was no blood samples taken at the first h ... ospital. The State did not know that he had been taken to a different facility. Neither did the police officer. The officer issued a defective Notice of Suspension to my client. The notice was defective for multiple reasons. First, it was undated. Second, the officer mistakenly believed he was awaiting some form of toxicology report back from the hospital per subpoena. Lastly, he failed to give immediate notice to the defendant of the suspension. The State agreed with my assessment and rescinded the SSS. My client did not need to obtain a driving permit.

Criminal defense

Felony Aggravated Battery Reduced to Misdemeanor

Jun 10, 2018

OUTCOME: Misdemeanor Conviction

Mr. Brauer was charged with felony Agg. Battery after he beat a person so badly it caused internal bleeding on the victim's brain. The victim remained in the ICU for a week. We negotiated a reduction ... to misdemeanor Battery.

DUI and DWI

Driving While Suspended for DUI Dismissed

May 25, 2018

OUTCOME: Dismissed

My client, a prison guard, was arrested for driving while suspended. He had received a DUI but hadn't applied for the driving permit quick enough. We were able to obtain a full dismissal of the charg ... e. Normally, the penalty is 10 days in jail or 240 hours of community work service. He was pleased with the result.

Domestic violence

Felony Agg. Domestic Battery Dismissed

May 24, 2018

OUTCOME: Dismissed

Mr. Lovett was charged via Information with Agg. Domestic Battery. He maintained his innocence. We obtained the discovery and quickly learned the only evidence the State had was testimonial from his ... ex. We obtained a statement from the ex and she advised she would not be attending court even if the State subpoenaed her. The State acted as though it would easily be able to produce her at trial. I believed the opposite. We announced ready for trial and refused to continue the case. The State eventually dismissed the case for lack of evidence.

Criminal defense

Bond Reduced from $1,000,000 to $200,000

May 15, 2018

OUTCOME: Bond Reduced

My client was charged with Cocaine Trafficking. His bond was set an extremely high amount. We obtained a massive reduction. He posted the reduced amount of bond and is currently out of custody on b ... ond.

DUI and DWI

4th Time DUI Offender Obtains Felony Reduction of DUI

May 15, 2018

OUTCOME: Misdmeanor Conviction

Mr. Whisnant was arrested by the Glen Carbon Police after failing field sobriety tests and submitting to a breath sample thar resulted in .217. We negotiated a dismissal of the felony charge.

Criminal defense

Battery Dismissed

Apr 17, 2018

OUTCOME: Dismissed

Mr. Wells was charged by the ex-husband of his current wife with Battery. The victim claimed Mr. Wells had attacked him near his residence. Mr. Wells adamantly denied contacting the person whatsoever ... . He persisted in his right to a jury trial. The State dismissed the case at the final pretrial settin

Criminal defense

Cannabis Trafficking Reduced to Probation

Mar 27, 2018

OUTCOME: Probation

On 3/26/2018 I resolved a cannabis trafficking case in Madison County for a greatly reduced charge with the option to dismiss after completion of probation. Mr. Kuhn was charged with Cannabis Traffick ... ing (Class X felony) after the US Postal Inspector began in investigation into suspicious packages delivered to Granite City via mail. There had been over 100 packages that had been documented from the same source as containing controlled substances and cannabis. A sting operation was created with the assistance of MEGSI. My client picked up a package known to possess 12 pounds of cannabis that was shipped from the west coast. He was caught red-handed with the package in his vehicle. We requested various forms of discovery from the State including all K9 packets, K9 trainer packets, US Postal Inspection investigative reports, and all MEGSI reports. We also requested radio/communication logs and dash cam footage. The State produced everything except for the US Postal Inspector's narrative reports. We filed a motion for suppresssion/sanctions for the State's failure to comply with the Court's order. On the day of hearing the State agreed to reduce the charge to Unlawful Possession of Cannabis with Intent to Deliver (class 4 felony) of 10 grams or more. My client was sentenced to probation, ordered to pay a fine, and will be eligible for a dismissal of the charge upon completion. This was a great result for my client. He and I were very satisfied with the outcome.

DUI and DWI

Won a DUI Suspension Hearing In Madison County 3 23 18

Mar 23, 2018

OUTCOME: Suspension Rescinded

Mr. Smith was charged with DUI by Granite City Police after his car was stopped for speeding. I believed the evidence was lacking in regards to whether probable cause to arrest for DUI existed. I con ... ducted a DUI Suspension Rescission hearing yesterday in Madison County before Judge Hightower. I subpoenaed two police officers who were present during the arrest. My client was stopped for allegedly speeding. No other erratic driving was claimed. He refused the standardized field sobriety tests and all breath sample requests. The arresting officer's testimony conflicted with the backup officer's regarding physical signs of intoxication. We won the hearing based upon lack of probable cause to arrest him for DUI. I anticipate his DUI will be dismissed next for the same reason. Its important to produce as many police officers during these hearings as is possible. Many times you can elicit contradictory testimony from them against the arresting officer. That is how I won the hearing in this case. I was his second attorney in the case. The original attorney advised Mr. Smith to plead guilty to the charge and accept the suspension.

Criminal defense

Felony Unlawful Possession of a Controlled Substance Dismissed

Mar 14, 2018

OUTCOME: Dismissed

My client was travelling from Las Vegas to the east coast. While enroute to his destination he was stopped by the Illinois State Police. The police discovered three narcotics and cannabis in his vehi ... cle. He was charged with Unlawful Possession of a Controlled Substance. There was not a means to suppressing the evidence discovered in the vehicle. I negotiated for dismissal of the charges. The State, after a long period of time, agreed to do so and the case was dropped against him.

Brian L. Polinske's Legal Cases (105)

DUI Suspension Rescinded Madison County

Felony Aggravated Battery Reduced to Misdemeanor

Driving While Suspended for DUI Dismissed

Felony Agg. Domestic Battery Dismissed

Bond Reduced from $1,000,000 to $200,000

4th Time DUI Offender Obtains Felony Reduction of DUI

Battery Dismissed

Cannabis Trafficking Reduced to Probation

Won a DUI Suspension Hearing In Madison County 3 23 18

Felony Unlawful Possession of a Controlled Substance Dismissed